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Divorce Questions & Answers
2 Answers | Asked in Divorce, Real Estate Law, Contracts and Family Law for Massachusetts on
Q: Is husband entitled to share of home in divorce if wife paid mortgage?

My daughter purchased the family home 5 years ago with her husband, and both names are on the mortgage. They are now planning to divorce. Throughout their marriage, my daughter has been the one paying the mortgage and the equity loan. Her husband has not contributed to these payments and has made... View More

Brian Waller
Brian Waller
answered on Nov 6, 2025

Generally, anything acquired during the marriage is considered marital property and subject to equitable division in a divorce. That doesn't mean that the marital estate has to be divided equally, just that it needs to be fair and reasonable based on the circumstances. It is hard to give much... View More

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2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: Can my husband claim a house bought with inheritance money during divorce?

I have been married for seven months and plan to file for divorce next week. I've received an inheritance after our marriage, which is documented as separate property and is kept in a separate account under my unmarried name. If I use my inheritance money to buy a house solely under my name,... View More

Steven Buitron
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answered on Nov 6, 2025

No, in Texas, your husband generally cannot claim a house bought with inheritance money during

divorce—as long as that money was clearly documented as your separate property, kept in a

A separate account, used solely for the purchase, and the house is titled only in your name....
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2 Answers | Asked in Divorce, Child Custody and Family Law for New York on
Q: How to change visitation and initiate divorce in NY?

I am looking to get a divorce and need advice on changing an existing visitation order in New York. Currently, visitation is restricted to a specific county. There are no divorce proceedings yet, but visitation was established previously, and I need to change it due to practical issues. What steps... View More

Carmen M. Rodriguez
Carmen M. Rodriguez
answered on Nov 6, 2025

It sounds like you've decided that divorce is the right choice for your family. How you divorce matters tremendously—especially for your children. The data has shown that the parents working together through mediation is the best process for your children's well-being . Mediation... View More

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2 Answers | Asked in Divorce, Business Law, Construction Law, Family Law and Real Estate Law for Nevada on
Q: How is income determined in divorce if a spouse doesn't take a paycheck, and how does transferring business assets affect divorce proceedings?

I filed for divorce six weeks ago in Nevada. My husband and I own a construction company in Las Vegas. He doesn’t take a paycheck but spends directly from the business accounts, mixing business and personal expenses. I'm not listed on the business, but I worked there for eight years until... View More

Philip Spradling
Philip Spradling
answered on Nov 7, 2025

The sort of tactics being used by your husband can be countered by a lawyer who is familiar with complex divorces, including the valuation and division of businesses. Here are some questions to ask your attorney.

If the business was created during the marriage, then it belongs equally to...
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2 Answers | Asked in Divorce, Health Care Law and Family Law for Florida on
Q: Do I need evidence to oppose providing health insurance or alimony in a Florida divorce counterclaim?

As the respondent in a Florida divorce case, am I required to provide supporting evidence in my counterclaim explaining why I do not want to provide health insurance or alimony to the petitioner?

Destardes Moore
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Destardes Moore
answered on Nov 2, 2025

As the respondent in a divorce case, you should provide supporting evidence for any claims made in your answer and counterpetition, including those opposing the provision of health insurance or alimony. This evidence is essential to substantiate your position and to rebut any assertions made by the... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Louisiana on
Q: How to quickly file for divorce in Louisiana with children and no property?

I want to file for divorce in Louisiana and I would like to avoid going to court if possible. My spouse and I have children together, but we don't have any property or significant debts. Could you provide information on how to proceed with a divorce quickly and any costs involved, specifically... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 3, 2025

You can call and or look online with the local Bar Association and/or the Clerk of Court for the Parish you live---ask them if they have any forms for what it is you seek to do. Also, ask if they have a pro bono service for what you seek to do----that said, your post indicates that you and your... View More

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3 Answers | Asked in Divorce, Child Custody and Family Law for New York on
Q: Can I get a divorce in NY if married in Dominican Republic?

I have been living in New York for 35 years, and I got married in November 2024 in the Dominican Republic to a Dominican native, who is still residing there. We have one child together, whom he has never met, and there are no custody agreements in place. I would like to know if it's possible... View More

Carmen M. Rodriguez
Carmen M. Rodriguez
answered on Nov 2, 2025

There are three difference processes to get divorced in New York State: Mediation, Collaborative Law and Litigation. You do not need to start with filing for a divorce in court. Court, or litigation, is the most acrimonious and most expensive of the three.

Mediation at its core is about...
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3 Answers | Asked in Divorce and Family Law for New York on
Q: Am I entitled to half of my husband's 401(k) after 18 months of marriage in New York?

In New York, am I entitled to half of my husband's 401(k) if we have been married for 18 months? During our marriage, he has made contributions to the 401(k), and we do not have any prenuptial agreements. We are not currently going through any divorce proceedings.

Carmen M. Rodriguez
Carmen M. Rodriguez
answered on Oct 31, 2025

This is a great question. To understand the answer we need to step back for a second. In New York, you need to determine separate property (what you earned prior to the marriage) with Marital property, that portion that was earned during the marriage. Generally you are entitled to a portion of the... View More

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Q: Can an MSA be vacated if a spouse filed taxes without consent?

In 2022, I discovered that my tax filings were rejected because my ex-husband filed them without my knowledge, forging my signature. The IRS advised me to file for identity theft, not for innocent spouse relief. Can the false component of this filing be sufficient to vacate a Marital Settlement... View More

Richard Diamond
Richard Diamond
answered on Oct 30, 2025

1st question is when did you discover that your ex filed the joint tax returns

2. what financial harm occurred to you as a result of the joint tax filing

3. what did the settlement agreement say about the joint vs separate tax filing for that year - were you to file separately or...
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2 Answers | Asked in Divorce, Domestic Violence and Family Law for Georgia on
Q: Is threatening my child grounds for divorce in GA?

I have been married to my current wife for less than a month, but she has threatened my child, saying she would kick her in the face. The mother of my child has proof of her harassing messages and has filed police reports. I am becoming increasingly concerned about my child's well-being and... View More

Rebecca Lynn Smith
Rebecca Lynn Smith
answered on Oct 30, 2025

In Georgia, you don't need grounds for divorce. There are several grounds for divorce and one of them is that the marriage is irretrievably broken, which is another way to say you don't want to be married anymore and don't have a specific ground such as adultery, substance abuse,... View More

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4 Answers | Asked in Arbitration / Mediation Law, Divorce and Family Law for Florida on
Q: How to modify alimony due to job loss in Florida?

I was laid off from my job, and my income is now limited. I’m seeking to modify my alimony payments, which were part of a mediated agreement approved by the court in Lee County, Florida in 2012. Currently, I pay my ex-wife, whom I was married to for 22 years, $1,500 twice monthly, totaling $3,000... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 28, 2025

You can file a Motion for Modification explaining why your income has decreased. You don't need proof with the motion but you will need it when you see the judge. You will also be expected to find another job at or near the same level of income. If that is not possible, be prepared to explain... View More

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4 Answers | Asked in Arbitration / Mediation Law, Divorce and Family Law for Florida on
Q: How to modify alimony due to job loss in Florida?

I was laid off from my job, and my income is now limited. I’m seeking to modify my alimony payments, which were part of a mediated agreement approved by the court in Lee County, Florida in 2012. Currently, I pay my ex-wife, whom I was married to for 22 years, $1,500 twice monthly, totaling $3,000... View More

Kay-Ann  Waite
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answered on Oct 28, 2025

Yes, you can modify the payments by filing a Supplemental Petition for Modification of the Final Judgment will incorporates the MSA. Based on a substantial change in circumstances, you will be qualified for modification, even a temporary modification, if your income has changed. Be sure to fill out... View More

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2 Answers | Asked in Divorce, Civil Litigation, Contracts and Family Law for Texas on
Q: How to get title transferred in TX after FL divorce award?

I was awarded a car as part of my divorce settlement in Florida. However, after the court's decision, my ex-husband fraudulently signed the title over to a friend, who now has the car registered under his name. I have Florida plates and need help understanding how I can get the title... View More

John Michael Frick
John Michael Frick
answered on Oct 28, 2025

You need to contact the attorney who represented you in your divorce settlement. Typically, if one spouse is awarded a motor vehicle that is titled in the other spouse's name, the titled spouse is ordered in the divorce decree to sign a power of attorney to transfer motor vehicle title giving... View More

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3 Answers | Asked in Divorce, Child Support, Child Custody, Foreclosure, Family Law and Real Estate Law for Florida on
Q: What steps should I take if my ex isn't following the divorce decree?

My ex-husband is not complying with our divorce decree. He refuses to use the court-ordered Talking Parents app for communication when visiting our kids. He stopped making payments on the marital home, forcing me and the children to move due to foreclosure. Additionally, he hasn't made child... View More

Connor J. Frontera
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answered on Nov 2, 2025

You can and should file a motion for contempt with the court. A motion for contempt lets the court know that the other party is not complying with the previous court order. Make sure to gather all evidence so that when it comes time to present the evidence to your lawyer or court, you already have... View More

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2 Answers | Asked in Family Law, Divorce and Real Estate Law for Florida on
Q: Can a spouse get shared equity on a house owned before marriage after upgrading appliances?

I have been married for two years, and during this time, we upgraded the appliances in a house that I owned before our marriage in Florida. There is no mortgage on the house. Can my spouse obtain shared equity in the house given these circumstances?

Destardes Moore
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Destardes Moore
answered on Oct 27, 2025

A home owned by one spouse before the marriage is typically nonmarital property. However, if marital funds or either spouse’s labor improved the home or increased its value during the marriage, the resulting increase in value may be considered a marital asset.

If upgrades made during the...
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3 Answers | Asked in Divorce, Domestic Violence, Family Law and Public Benefits for North Carolina on
Q: Is my husband entitled to my pension and 401k after separation due to domestic violence?

I am 72 years old, as is my husband. After 17 years of marriage, I have left the house due to domestic violence. My husband has not worked since 2013 and was receiving disability, but he is capable of many activities. I was the supportive spouse while working, so I'm concerned about whether he... View More

Lloyd Thomas Kelso
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answered on Oct 22, 2025

If either party asks for equitable distribution of marital property prior to absolute divorce, the court will identify all property, classify all property as marital property (acquired during marriage), separate property (acquired by inheritance, prior to marriage or following separation or by gift... View More

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3 Answers | Asked in Divorce, Domestic Violence, Family Law and Public Benefits for North Carolina on
Q: Is my husband entitled to my pension and 401k after separation due to domestic violence?

I am 72 years old, as is my husband. After 17 years of marriage, I have left the house due to domestic violence. My husband has not worked since 2013 and was receiving disability, but he is capable of many activities. I was the supportive spouse while working, so I'm concerned about whether he... View More

Christopher Adkins
Christopher Adkins
answered on Oct 28, 2025

North Carolina is an equitable distribution state, which means property earned or acquired during the marriage is divided fairly, not always equally. Retirement benefits, including pensions and 401(k)s, are usually considered marital property to the extent they were earned while you were married.... View More

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2 Answers | Asked in Divorce, Family Law, Child Support and Child Custody for Virginia on
Q: How to start a legal separation in Virginia with spousal support?

I am considering a legal separation in Virginia. My spouse makes at least double my income, and we have three children. We don't have any existing agreements about child custody. I want to ensure I am financially secure and can stay in my house. I am interested in obtaining spousal support... View More

Christopher Adkins
Christopher Adkins
answered on Oct 20, 2025

In Virginia, there isn’t a formal “legal separation” filing like in some states — instead, couples live separately and apart with the intent to end the marriage, which starts the timeline for divorce and support claims.

Your first step is to speak with a Virginia family law...
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2 Answers | Asked in Divorce, Real Estate Law, Family Law, Gaming, Wrongful Death and Personal Injury for Oklahoma on
Q: Considering separation due to property concerns and personal differences with spouse in Oklahoma.

I'm considering a short-term separation from my spouse in hopes that we might reconcile our differences. We are struggling with communication, and I've observed my spouse being influenced by others, which complicates matters. I'm concerned about a possible unauthorized change to the... View More

Aaron Bundy
Aaron Bundy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2025

In Oklahoma, either spouse may file for a divorce at any time, even if the other party only wants to separate. Given the issues mentioned, such as financial concerns, outside influence, and unresolved grief, a separation can often increase distrust and compound these problems instead of leading to... View More

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2 Answers | Asked in Divorce, Family Law and Contracts for New York on
Q: Am I responsible for my estranged wife's medical bills after losing my job and her insurance coverage?

My wife left three years ago, and she has a child with another man. Throughout these years, I have been paying for her health insurance premiums even though she lives in a different state and I haven't seen her. Recently, I left my job, which ended her health insurance coverage under my plan.... View More

Stephen Bilkis
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answered on Oct 20, 2025

I understand that this situation is stressful and confusing, especially given your separation and the financial strain of losing your job. Questions about responsibility for a spouse’s medical expenses can be complicated, particularly when the marriage is still legally intact but the spouses have... View More

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